Rude tenants? Here's what to do

If you have a house in your own home and it is full of ill-mannered tenants, what do you need to do? idealista/news has tried to capture this in collaboration with Studio Legale Mauro (Rome-Pisa). Let's see who is responsible, what are the risks and how to behave.

Consulted by idealista/news, the Mauro law firm stated the key premise as “Behaviour that constitutes a criminal offence makes only the perpetrator liable”. Criminal liability is personal. This is also true in the case of the daily life of a condominium, which must have rules governing the management of communal areas and the behaviour of each condominium owner both inside and outside their own apartments.

In this sense, the jurisprudence of Cassation is consistent in providing for a liability of the owner of the apartment for disrespectful and injurious acts by the tenant. In legal terms, it is culpa in vigilando. Such liability is reduced if the owner demonstrates that they have done everything to prevent the harmful conduct.

It envisages, for example, sending a warning to the tenant requiring the immediate cessation of the offending conduct, requiring the termination of the contract or requesting eviction if the conduct does not cease. Only in this way is the owner freed from liability".

If the tenant behaves badly, here's what you need to know

What can the homeowner do with rude and unruly tenants?

They must take action or be held liable along with the tenant. The landlord can initially try to talk to the tenant and, failing that, formally warn them with the threat of termination of the contract and request an eviction if the conduct is not interrupted. This procedure is fundamental to the protection of the owner, as it may be cited either jointly by the tenant and the administrator or simply by an additional tenant.

Is the landlord responsible for the behaviour of the tenants?

As indicated above, the Cassation holds the landlord responsible for the actions of the tenant if they do not demonstrate that they have done everything possible to prevent and/or terminate them".

What are the risks for the homeowner?

The risks range from being sued, together with the tenant and fines. Indeed, it is specified that the art. 70 of the implementation provisions of the civil code, with regard to infringements of the condominium regulation, establishes a sanction that varies from 200 to 800 euros in case of recidivism.

Is it possible to take action against rude tenants?

It is absolutely possible to take action against rude tenants. It is also obvious that behaviour considered as nuisance, especially in the evening, must be such as to exceed the normal tolerance (in this specific case, noise, smoke emissions, odours). And then each tenant can contact the police/carabinieri/municipal police.

What can you do? Is there specific behaviour that needs to be checked?

It ranges from mediation to the actual summons. The art. 844 of the civil code provides that the property owner cannot prevent the introduction of smoke or heat, fumes, noises, shaking and similar propagations deriving from the neighbour’s property, if they do not exceed the normal tolerability, having regard to the condition of the places. In applying this rule, the judicial authority must take account of the needs of production and the reasons for ownership. It may consider the priority of a certain use.